Senate panel advances bill removing 30‑day trial requirement for mechanics’ liens

Boise — The Senate Commerce and Human Resources Committee voted to send Senate Bill 1005 to the full Senate with a recommendation that it “do pass,” after sponsor Senator Todd Lakey said the bill removes a provision that improperly prioritized mechanics’ and materialmen’s lien claims in Idaho courts.

“Removing an overly aggressive and problematic section of code requiring a court to completely readjust its calendar and move other individual parties’ cases back to accommodate one type of claim” is the intent of the bill, Lakey said. He said the code section required courts to vacate other settings and hold a trial within 30 days for lien claimants, which can be impractical where multiple parties and discovery are involved.

The bill, Lakey told the committee, leaves in place the ability of a general contractor or property owner to post a bond “in an amount of the dispute so the project can move forward while they're working through that dispute.” He said posting a bond protects the project while preserving due‑process concerns for other litigants.

Sean Shupak, testifying for the Idaho Associated General Contractors, said the industry had vetted the bill. “This piece of legislation has been thoroughly vetted by our organization, which consists of hundreds of contractor members all across the state,” Shupak said.

Committee discussion was brief. Senator Burnt moved to send the bill to the Senate floor with a due‑pass recommendation; Senator Nichols seconded the motion. The committee approved the motion by voice vote; the chair announced that the bill “will be sent to the floor of the Senate with a due pass recommendation.”

Action on the bill now moves to the full Senate, where no further committee record on debate or amendments was recorded in this committee’s transcript.